HomeMy WebLinkAboutOrdinance 482 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 482, adopted by the
Atascadero City Council at a regular meeting thereof held on September 27, 2005, and that it has
been duly published pursuant to State Law.
DATED: :: �_� t i' '` et",,
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero,California
ORDINANCE NO. 482
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE
ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE
2005-0100 TO ESTABLISH DEVELOPMENT STANDARDS FOR FENCE
HEIGHT, LOT LINE ADJUSTMENTS AFFECTING FLAG LOTS, AND
LANDSCAPE REQUIREMENTS
(Citywide/City of Atascadero)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6905 El
Camino Real, Suite 6), to consider Zone Change Text Amendments to establish development
standards for fence height, lot line adjustments affecting flag lots, and landscape requirements;
and,
WHEREAS, an Initial Study and Draft Negative Declaration 2005-0043 were prepared
for the project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on July 19, 2005, studied and considered Zone Change 2005-0100, after first studying and
considering the Draft Negative Declaration prepared for the project, and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on September 13, 2005, studied and considered Zone Change 2005-0100, after first studying
and considering the Proposed Negative Declaration prepared for the project; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Findings for Approval of a Zone Text Change. The City Council finds
as follows:
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
City of Atascadero
Ordinance No.482
Page 2 of 8
2. Amendment of the zoning ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on September 27, 2005 resolved to introduce for second reading by title only,
an ordinance that would amend the City Zoning code text with the following:
9-4.104 Exceptions to setback standards.
The minimum setback requirements of this title apply to all uses except the following (see also
Section 9-4.110):
(a)Fenees af walls six feet ofless .height above site finish gfade,
hedges when
fequifed side of feat-setbach.
height, when located in a fequifed ffopt setback.
(1) Allowed Aqjusstmew- The exemption 4)r fenees, hedges, of walls in the front setbaek that do
Bet eNeeed three (3) feet in height may be expanded, pufsuant to Seetiofl 9 1.4.1.2 (AE�Hstffieflt),
ti include fenees" I-e-d-e-S of w-11"✓ . to five5) feet in height, pr-ovided the -k-11
afe made i.1 the
(i)Pillafs, posts, of other-suppofting 0— ceed a heigh! of six (6)
ftffd
s ,
and
(iii) At least eighty pefeent (80%) visibilitywill be fet'l—n-edb.
poftions of the fenee that
eep. in height; and
potential advefse iFApaet on human health and saf&�.
(ea) Uncovered decks, terraces, steps, earthworks and other similar landscaping or design
elements placed directly on finished grade that do not exceed an average height of thirty (30)
inches above the surrounding finished grade, provided that no such wood structure shall extend
closer than eighteen (18) inches to a property line.
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses from
intrusion, to protect the public from uses that may be hazardous, and to increase compatibility
between different land uses by visual screening. Fencing is the enclosure of an area by the
materials identified in subsection (c) of this section. Screening is the enclosure of an area by a
visual barrier, which may include solid fencing or other materials as specified in subsection (c)
of this section,
(a) Fencing and Screening: Where Required. Within the urban services line the uses and areas
listed in this subsection shall be fenced and/or screened as indicated. Unless otherwise specified,
fencing and screening are to be a minimum height of six (6) feet. Fencing and screening
City of Atascadero
Ordinance No.482
Page 3 of 8
materials of a height greater than three (3) feet shall not be located within a required front
setback or side setback adjacent to a street.
(1) Mechanical Equipment. When located outside of a building, support equipment including air
conditioning and heating devices,but not including plumbing or exhaust vents, or chimneys,
shall be screened to the height of the particular piece of equipment, as follows:
(i) Roof-mounted Equipment. To be screened by architectural features from the view of abutting
streets.
(ii)Equipment at Grade. When located on the ground adjacent to a building, mechanical
equipment shall be screened by landscaping, a solid wall or fencing from the view of the street or
surrounding properties.
This subsection does not apply to single-family residential uses.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that will provide an
effective visual barrier as well as the necessary safety clearances required by order of the
California Public Utilities Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all nonresidential uses are to be
screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing shall be located on side and
rear property lines of any nonresidential or nonagricultural use abutting a residential use or zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be fenced to discourage
unsupervised access and use by small children. Such fencing is to be a minimum of four(4) feet
high and equipped with a self-closing and self-latching gate. Latching devices are to be located at
a minimum height of four(4) feet. Such fencing may be omitted where building walls abut the
pool area, provided that the entire perimeter of the pool area is secured.
(b)Exceptions to Fencing and Screening Requirements.
(1)Buildings Abutting Property Lines. Required screening or fencing may be omitted along any
lot line where a building wall exists immediately abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the location may be
adjusted(see Section 9-1.112 so the fencing may be constructed at or within the setback line,
provided the areas between the fence and the property lines are landscaped, or in rural areas,
retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this section may be waived
or modified through conditional use permit approval, provided the Planning Commission first
finds that specifically identified characteristics of the site or site vicinity would make required
fencing or screening unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be
eonstme ted-allowed as follows:
b
is
pfoposed to be greater-than siy, (6) teet in ig . .
(2) boeation. b
J4D Height. Fence and screen height shall be permitted as follows:
(i)RS /RR/RSF-Z/RSF-Y (with 1..0 acre net or larizer) Zones
a. tFencing within a required front or corner yard setback eanmay be up to 5 feet in height
provided that the top two feet remain a minimum of 80% visibility. The fence Shall not impair
safe sight distance for vehicular traffic nor result in any other potential adverse impact on human
health and safety(refer to engineer standard: Minimum Sight Distance for Driveway
Intersecting Roads with Stop Control).
City of Atascadero
Ordinance No.482
Page 4 of 8
b. €Fencing;within a required side or rear setback maybe a maximum of 6-feet in height.
(ii)RSF-Y (less than 1.0 acre net)/RSFA/LSF-Z/LSF-Y/LSFA/RMF-10/RMF-16
a. fencing within a required front or corner yard setback can be a maximum of 3-feet in height.
b. fencing within a required side or rear yard setback shall be a maximum of 6-feet in height.
(iii) Gateposts and other superstructures over site entrances and exits may be up to twelve (12)
feet in height.
Height. g ,
within r-equired setbaek lines may be up to twelve (12) fieet in height. Gateposts and Other.-
supefstr-uetufes ovef site efitfatiees and exits may be up to twelve (12) feet in heigeht-.
(iv) Height Measurement. Fencing and screening materials shall be measured from the finished
grade of the uphill lot.
(2) Permit to Exceed Height. A Minor Conditional use permit approval is required where
fencing is proposed to be greater than six (6) feet in height.
(43) Screening Materials Substitution. Where screening is required to be a solid wall or fence,
the following materials may be substituted through adjustment (see Section 9-1.112), except
where screening is required adjacent to a residential use or zone:
(i)Landscape Screen. Screening plant materials may be substituted for a wall or fence, where:
(A) Proposed plant materials are certified in writing by a registered landscape architect as having
the capability of achieving sixty (60) percent of total view blockage within eighteen (18) months
of planting, and one hundred (100)percent of total view blockage within thirty-six (36) months
of planting; and
(B)The applicant agrees in writing to install solid fencing after the expiration of thirty-six (36)
months, in the event that the landscaping has not totally blocked the view of areas required to be
screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence provided that the
combination of berm and landscaping is no less than the required height of the fence or wall, and
that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted
to prevent erosion, and with a rounded surface a minimum of two (2) feet in width at the highest
point of the berm, extending the length of the berm. The berm shall be planted with shrubs, lawn
or groundcover.
(iii)&1 d-Chain-link fencing. Vinyl coated Gchain-link fencing with redweed-latsevergreen
landscape screen planting may be substituted for a solid wall or fence in commercial and
industrial zones except where screening fencing is required adjacent to residential uses and
zones.
9-4.164 Lot Line Adjustment Review for Flag Lots.
(a) The adjustment of all property lines containing a flag lot shall be permitted in accordance
with the following design standards.
(1)The original lot shall have frontage on a dedicated street.
(2) The accesswav to the rear lot shall be at least twenty (20) feet wide
�.;�} for residential zones, except where the accesswav is more than one hundred fifty
(150) feet long, it shall be at least twenty-four(24) feet wide with twenty (20) fear of pavement.
For all other zones, the accesswav shall be at least thirty (30) feet wide with a pay t
City of Atascadero
Ordinance No.482
Page 5 of 8
(3)The lot farthest from the street shall own.the accessway in fee. Other lots using the
accessway shall have an access and utility easement over it.
(4)Lots utilizing the accessway of a flag lot may be required to enter into a road maintenance
agreement to insure perpetual maintenance and repair of the accessway.
9-4.116 Location of parking on a site.
Required parking spaces may be located as needed on a proposed site, subject to the design and
construction standards of Sections 9-4.117 and 9-4.119 and the following:
(a)Use of Front Setback. Required parking spaces are not to be located within the required front
setback, exeept as provided by seetion 9 4.4.06(b)(4)..
(b) Use of Side and Rear Setbacks. Side and rear setbacks may be used for vehicle parking
except on the street side of a corner lot and except where landscapin is s required by section 9-
4.125.
9-4.119 Parking lot construction standards.
All parking areas containing three (3) or more off-street parking spaces are to be improved as
follows, except as otherwise provided by this section.
(a) Surfacing. All parking areas are to be surfaced with an asphalt, concrete, chip seal, or crushed
rock surface, as specified in the following chart or as required by property development
standards listed in this code. Where concrete or asphalt are required, brick or other masonry
paving units may be substituted, including. ei4ieally ^ ted n -ete bloek with the block
Plante wit r s turf block.
Minimum Required Surface Parking Lot Turnover
_ a,.. _..,... . ..._M.
Location Hi h Medium Low
..... _w
Inside urban Asphalt or Asphalt orFAsphalt or
services line 11concrete concrete M F 1 concrete
Outside urban ,Asphalt or Asphalt or rCrushed rock
services line concrete concrete ip seal
(b) Lining and Marking. Parking spaces in paved parking areas shall be marked with paint
striping, a minimum of two (2) inches in width. Parking spaces in other types of lots may be
identified by wheel stop barriers.
(c) Wheel Stops. Wheel stops or continuous concrete or asphalt curbing are required in all
parking lots to define the perimeter of the parking area and to protect landscaping from vehicle
encroachment. In addition, wheel stops are required for each parking space in a high turnover
parking lot. Wheel stops shall be provided as follows:
(1) Materials and Installation. Wheel stops shall be constructed of concrete, continuous concrete
curbing, asphalt, timber, or other durable material not less than six (6) inches in height, or an
City of Atascadero
Ordinance No.482
Page 6 of 8
approved functional equivalent. Wheel stops are to be securely installed and maintained as a
safeguard against damage to adjoining vehicles, machinery or abutting property.
(2) Setback. Wheel stops or other vehicle barriers shall be located approximately three (3) feet
from the front of the parking space.
(3)Functional Equivalent. Wherever possible, functional equivalents in the form of raised
sidewalks or curbs surrounding planters or similar may be used in lieu of wheel stops.
(d) Vertical Clearance. Covered parking spaces are to have a vertical clearance of at least seven
(7)feet six (6) inches above the parking lot surface for all uses except residential.
(e) Slope. The finished grade of a parking lot is not to exceed five (5)percent slope, unless
approved by adjustment (Section 9-1.112).
(f)Landscaping. A minimum of ten (10)percent of the interior of all parking lots shall be
landscaped, in addition to any perimeter landscaping required by subsection (g) of this section.
Shade trees are to be provided at approximately thirty(30) foot intervals along parking rows.
Landscape fingers shall be a minimum of 6-feet wide shall be provided every eight8) parking
sap ces• These landscaping requirements do not apply to parking lots that are underground or
within buildings.
(g) Screening.
(1)From Residential Areas. Parking lots that abut a residential zone shall be separated from such
property by a landscaping strip with a minimum width of five (5) feet and a six (6) foot high
solid fence or wall.
(2)From Streets. Parking lots abutting a public street shall be separated from the street right-of-
way by a landscaping strip with a minimum width of 4,eL-ten (-4LLOfeet; and, where parking
spaces are arranged to head toward the street,by a minimum three (3) foot high solid fence
decorative wall or landscape equivalent located on the parking lot side of the landscaping strip,
9-4.126 Standards for landscaping materials.
' - materials used and their
installation and maintenance is subject to the following provisions, except single-family
residences within a single-family residential zone:
(a) Allowable Materials. Landscaping shall include some combination of the following materials,
where appropriate to achieve the intended or required purpose of the landscaping (e.g.,
screening, etc.):
(1)Trees, shrubs, groundcover, vines, flowers or lawns (drought resistant plantings are preferred
in order to minimize water use for landscaping);
Decorative Pavement mulch decorative boulders or
other decorative materials, provided that matefials othef than plantingsmv not to eixeee"fty
:in accordance with landscape coverage standards
listed in section 9-4.125.
(3)Natural features such as rock outcrops;
(4) Structural features including fountains,p ponds, walls and fences.
(b)Excluded Materials. Landscaping proposed to satisfy the requirements of this title shall not
include any plant materials which:
(1)Have root structures, that in their mature state may damage or interfere with the normal use
of existing public or private underground electrical lines, cables, or conduits, pipes or other
underground structures; or public or private sidewalks, curbs, gutters or paved parking and
City of Atascadero
Ordinance No.482
Page 7 of 8
turnaround areas, drainage improvements, or adjacent structures, foundations or landscape
materials.
(2)Will have diminished potential for survival because of proposed locations or grouping that do
not satisfy the needs of the plant material necessary for healthy growth.
(3)Because of proposed location and type, will create a potential hazard of brush or forest fire.
(4) Will obstruct the vision of vehicle operators or pedestrians at points of intersection between
pedestrian and vehicular traffic.
Required.(e) lf+iga6en _ ,
sueh
landsoapin
be by means of hose bibs leeat
g shall inelude provisions f6f iffigation, whieh may
g, an automatic irrigation
system,
. ' , an atie ifr4gation system is wquir-eEk shall be provided. Irrigation
plans shall be included on landscape
d Concrete Curbing. Where landscgping landscapingis required to be installed by Section 9-4.125 such
landscaping shall be enclosed by raised concrete curbing or an approved functional equivalent.
All fequifed plantings shafl be in plaeL-
prior to final unless a bond is
approved by the Community Development Directonbefi f:e establishment of "f
(f)Proper Maintenance Required. All.required plantings shall be maintained in goodrg owing
condition and in any case where a required planting has not survived shall be replaced with new
plant materials. A maintenance agreement may be recorded against the property in a form
approved bathe Community Development Director.
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
City of Atascadero
Ordinance No.482
Page 8 of 8
INTRODUCED at a regular meeting of the City Council held on September 13, 2005, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
September 27, 2005, by the following roll call vote:
AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise
NOES: None
ABSTAIN: None
ABSENT: None
CITY OF ATASCA
PERO
By:
Wend cal' e ayor
ATTEST:
Marcia McClure Torgerson, C.M.C., ity Clerk
APPR D AS TO,F M:
atric :"'En ity Attorney